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Home My WebLink AboutRES NO 126-94RESOLUTION NO. 1 2 6 = 9 4 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 3, DIVISION 7, CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (MCKEE 2). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1121, adopted July 20, 1994, declared its intention to order the establishment of a maintenance district, confirmed and approved the Public Works Director's Report; set the boundaries of the proposed district; the fairness of the benefit formula; the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces or private contractor. Said District shall be designated Maintenance District No. 3, Division 7, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 3, Division 7, City of Bakersfield, California, for Fiscal Year 1994-1995 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the sole property owner within Maintenance District No. 3, Division 7 which waives all rights to a public hearing and to a protest hearing as required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and the Council so finds and determines. 2. The Council hereby establishes Maintenance District No. 3, Division 7, and confirms and adopts the Public Works Director's Report, including the amounts of assessment, as set forth in the Public Works Director's Report. Exhibits "A" and "B" attached hereto and incorporated herein by reference describe Maintenance District No. 3, Division 7. 3. The assessment for Maintenance District No. 3, Division 7, shall be the total sum of $0.00 for the 1994-1995 fiscal year. The benefit formula (Exhibit "C") budget for Maintenance District No. 3, Division 7 (Exhibit "D"), and assessment roll for Maintenance District No. 3, Division 7 (Exhibit "E") are attached hereto and incorporated herein by reference herein. 4. The City Clerk is hereby directed to file annually the statement required by Section 54900 et seq. of the Government Code of the State of California with the County Assessor and with the State Board of Equalization in Sacramento, and the Kern County Tax Collector is hereby authorized to collect such assessments. 5. The Public Works Director is hereby directed hereafter to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement on the County tax rolls for the applicable fiscal period. Upon filing of the Report, the Clerk shall set the Report for hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. .......... 000 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by. the C_ou..n_c. il of the City of Bakersfield at a regular meeting thereof held on AlJ6 ~ u ~ , by the following vote: AYES: COUNCILMEMBERS McDERMOTT, ED~_ .N~t, DeMONO, ~41TH,~RkJNN~, ROWt, llk NOES: COUNCILME!~BI' RS. _ ~'~ L~Y~ ABSTAIN: ~OUNC.::. ,;,-'ML-~ERS ~'3 ~.A~,'~ ~ .... AB~r. NT: (;OUN<;ILMEMBER~ Y~ ~- _ . CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield AUG ~ o ~ APPROVED: MAYOR of the City of Bakersfield APPROVED as to form: CITY ATFORNEY of the City of Bakersfield Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" 7\18\96 LEGAL DESCRIPTION OF MAINTENANCE DISTRICT NO. 3, DIVISION 7 McKEE AREA 2 LOTS 3, 4, 5, 6, 7, 8, 12 AND 13 OF SECTION 35, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA, ACCORDING TO KERN COUNTY SALES MAP NO. 1 OF LANDS OF J. 8. HAGGIN, FILED MAY 3, 1889 IN THE OFFICE OF THE KERN COUNTY RECORDER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beg±nn±ng at the Southeast corner of said Lot 13 from which point the East Quarter corner of said Section 35 bears S89°04'51"E, 1982.17 feet; thence N89°O4'51"W, 1321.35 feet to the Southwest corner of said Lot 12; thence NO°35'O5"E, 1318.27 feet to the Northwest corner of sa±d Lot 12; thence N89°O5'38"W, 1982.30 feet to the Southwest corner of said Lot 8; thence NO°34'42"E, 1317.82 feet to the Northwest corner of said Lot 8; being the Northwest corner of said Section 35; thence S89°06'25"E, 2643.26 feet to the Northwest corner of said Lot 4; thence S89°06'29"E, 1321.11 feet to the Northeast corner of sa±d Lot 3; thence S0°34'47"W, 1318.73 feet to the Southeast corner of said Lot 3; thence N89°O5'40"W, 660.53 feet to the Northeast corner of sa±d Lot 13; thence S0°35'00"W, 1318.58 feet to the Point of Beginning. EXHIBIT "A" AND ASSESSMENT DIAG, .AM j FOR MAINTENANCE DISTRICT NO. 3 DIVISION 7 McKee Area 2 (Ward 6) , I i M/~. AND ASSESSMENT DIAG, .AM FOR MAINTENANCE DISTRICT NO.3 DIVISION 7 McKee Area 2 (Ward 6) I~A Ki",11~ I'l I'i~, ,11). (' ,'\i ,~i I'"0 Ii~N I,\ i II ' EXHIBIT "B" MAINTENANCE DISTRICT 3, DIVISION 7 CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund Balance or deficit; Multiplied by (a): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's) for the parcel, and; The factor for the tier level, which equals the tier number, and; The total number of EDU's in the district. (1) = S x a x t h Note: Undeveloped residential and commercial parcels shall be charged for one-hal f the number of EDU' s for that parce 1. Undeveloped industrial parcels shall be charged for one-fourth the number of EDU's for that parcel. (2) shall he the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): and; Divided by (b): the (2) = P x a h The number of EDU's for the parcel, The total number of EDU's in district. EXHIBIT "C" Page I of 2 EQUIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall potential use per zoning as follows: USE EDU Agricultural Zone 1.0 Single Family (Detached) 1.0 Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 5 acres or more. Undeveloped R-1 zoned, less than 5 acres. Multi-Family (Attached) Dwelling Unit R-2, R-3 4/acre 1/acre 0.71/unit undeveloped R-2, R-3 Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use 0.71/unit 6/acre 0.71/unit 1.00/unit be calculated by use REMARKS Per parcel Per parcel or Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. See above Rounded to nearest .01 Each calculated per the above. EXHIBIT Page 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 3 DIVISION 7 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1994 - 1995 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, M~teriels, Utilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 $o.oo] EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 3 DIVISION 7 FISCAL YEAR 1994 - 1995 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 373-051-01-00-4C $0.00 Total $0.00 City Clerk andlEx Officio Clerk of the Council of the City of Bakersfield Page 1